Lawyers argue that senior citizens suffering from ailments and prone to infection should not be sent to serve a custodial sentence.
The lawyers also want High Court judges to recall and rectify on their own volition cases of gross injustice slapped on MCO offenders by magistrates. “He went out to buy food as his employer did not provide him with meals. He was merely carrying a copy of his travel document,” he told FMT, adding that the police could have verified it with the immigration.
However, the case of a student jailed for seven days and fined RM800 for leaving home to present a cake to her boyfriend was apt.“It should not be made into a standard operating procedure that anyone caught should be taken to court,” he added. “However, the law must be applied equally without considering the status, religion and race of the suspects or else it will give rise to a perception problem,” he said.
The lawyer said such powers were provided for under Sections 31 and 35 of the Courts of Judicature Act 1964 and Sections 323 and 325 of the Criminal Procedure Code.
Akta ini kali pertama digunapakai. Semua pihak tidak ada pengalaman melaksana. Rakyat lagilah tidak faham. Mahkamah tidak ada precedent. Masing2 ikut buku. Tiada budi bicara. Krisis pun jadi berganda buruknya. Berkereta berdua satu famili salah, tapi e-hailing boleh. Macam mana?